RAMESHWAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 29.7.1995 passed by Sri Sadaquat Hussain, Sessions Judge, Samastipur in Sessions Trial No. 160 of 1984 whereby the learned Session Judge has convicted all the four appellants in this appeal of the offence punishable under Section 302 of Indian Penal Code and has sentenced each of them to undergo imprisonment for life.

(2.) The occurrence is said to have taken place at about 10 P.M. on 12.8.1984 and a Fardbeyen about the occurrence was recorded at 11.30 A.M. on 13.8.1984. According to the case made out in the Fardbeyen (Ext. 2) the informant Nirmalia Devi (P.W. 5) her Gotinis Samia Devi (P.W. 1) and Gulia Devi (P.W. 2) and her husband were present in their house situated at village Musapur, Police Station Sarai Ranjan within the District of Samastipur and nearly at 10 P.M. one Kusuma Devi rushed into the house and implored Namo Lal Ram (the deceased) for giving her protection against the appellants who were after her. In the mean time, all the four appellants also entered into the house. Appellants Rameshwar Ram and Muneshwar Ram were armed with Chhura (daggers) appellant Munni Ram was armed with a bhala and Laxmi Ram was armed with a lathi. They were abusing Nemo Lal Ram saying that he had protected the lady who was ill-famed. Previously there was some illicit relationship of Kusuma Devi with one Bindeshwar Rai and due to that she had been out-casted, but a few days before the occurrence she had been taken into caste. But even then she did not stop meeting Bindeshwar Rai and so she was being chased by the apellants. When the appellants entered into the house and abused Nemo Lal Ram for concealing .Kusuma Devi, Nemo Lal Ram who happened to be the husband of the informant, tried to calm them down, saying that on the following day a Panchayati may be called for considering the same matter. The appellants, however, were highly emotional and the informant, anticipating some trouble pushed her husband Nemo Lal Ram into a room of the house and put a chain from outside. The appellants, however, unchained the room and entered into the room and inflicted injuries on Nemo Lal Ram with the arms which they were holding and Nemo Lal Ram died in the room. After recording the Fardbeyen on the basis of the statement made therein the case was registered by drawing of a formal F.I.R. (Ext. 4). Some other persons, namely, Mahabir Rai (not examined) and Kamal Rai were cited as witnesses who had seen the occurrence.

(3.) The Fardbeyen was recorded on the statement of P.W. 5 by one Hari Shankar Pandey, officer-in-charge of the Police Station and he investigated into the case and eventually charge-sheet was submitted. The defence of the appellants was a complete denial that they had committed the alleged acts constituting the said offence.